The marriage contract after the first exit from the state of consecration and before the Tawaf of Farewell
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Fatwa number ( 20138 )
Q: I married a woman who had performed the obligatory Hajj and performed the Tawaf of Farewell while she was menstruating, and she was ignorant of the ruling. She was performing Hajj alone (ifrad). Then I married her after this Hajj. Five years have passed since our marriage, and she has borne me two sons. Is our marriage valid? Does the contract need to be renewed? Is a new mahr required or not? Is it permissible for me now to lie with her, touch her, and look at her? Is it also permissible for me to accompany her for 'Umrah or Hajj, since she has no mahram other than me, such as a father, brother, or uncle? Please issue a ruling for us, may Allah reward you with the best reward for me and for Islam.
A : The marriage contract you concluded with the aforementioned woman after the first exit from the state of consecration and before the Tawaf of Farewell is valid according to the most correct of the scholars' opinions. The aforementioned woman must return to Makkah and perform the Tawaf of Farewell, because the Tawaf she performed while menstruating is not valid. She must offer a sacrificial animal that is sufficient for an 'udhiyah, to be slaughtered in Makkah and distributed to the poor, on account of the intercourse that took place before the Tawaf of Farewell. You must avoid her until she performs the Tawaf and the Sa'y, if she owes the Sa'y because she was performing Tamattu', or if she was performing Qiran between Hajj and 'Umrah, or if she was performing Hajj alone (ifrad) and did not perform the Sa'y with the Tawaf of Arrival.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: I married a woman who had performed the obligatory Hajj and performed the Tawaf of Farewell while she was menstruating, and she was ignorant of the ruling. She was performing Hajj alone (ifrad). Then I married her after this Hajj. Five years have passed since our marriage, and she has borne me two sons. Is our marriage valid? Does the contract need to be renewed? Is a new mahr required or not? Is it permissible for me now to lie with her, touch her, and look at her? Is it also permissible for me to accompany her for 'Umrah or Hajj, since she has no mahram other than me, such as a father, brother, or uncle? Please issue a ruling for us, may Allah reward you with the best reward for me and for Islam.
A : The marriage contract you concluded with the aforementioned woman after the first exit from the state of consecration and before the Tawaf of Farewell is valid according to the most correct of the scholars' opinions. The aforementioned woman must return to Makkah and perform the Tawaf of Farewell, because the Tawaf she performed while menstruating is not valid. She must offer a sacrificial animal that is sufficient for an 'udhiyah, to be slaughtered in Makkah and distributed to the poor, on account of the intercourse that took place before the Tawaf of Farewell. You must avoid her until she performs the Tawaf and the Sa'y, if she owes the Sa'y because she was performing Tamattu', or if she was performing Qiran between Hajj and 'Umrah, or if she was performing Hajj alone (ifrad) and did not perform the Sa'y with the Tawaf of Arrival.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.